AI Summary of Article 37 Access to CCP, clearing and settlement facilities and right to designate settlement system
Member States are mandated to ensure investment firms from other EU jurisdictions have direct and indirect access to clearing and settlement systems within their territories. This access must adhere to non-discriminatory, transparent, and objective criteria that mirror those applicable to local participants, without limitations based on the trading venue of transactions.
Furthermore, regulated markets must permit all members the option to choose their settlement system, contingent upon the necessary arrangements for efficient transaction settlement and approval by the relevant supervisory authority, which should consider existing oversight by national central banks to prevent regulatory overlap.
Article 37 Access to CCP, clearing and settlement facilities and right to designate settlement system
1. Without prejudice to Titles III, IV or V of Regulation (EU) No 648/2012, Member States shall require that investment firms from other Member States have the right of direct and indirect access to CCP, clearing and settlement systems in their territory for the purposes of finalising or arranging the finalisation of transactions in financial instruments.
Member States shall require that direct and indirect access of those investment firms to such facilities be subject to the same non-discriminatory, transparent and objective criteria as apply to local members or participants. Member States shall not restrict the use of those facilities to the clearing and settlement of transactions in financial instruments undertaken on a trading venue in their territory.
2. Member States shall require that regulated markets in their territory offer all their members or participants the right to designate the system for the settlement of transactions in financial instruments undertaken on that regulated market, subject to the following conditions:
(a) such links and arrangements between the designated settlement system and any other system or facility as are necessary to ensure the efficient and economic settlement of the transaction in question;